Or perhaps this should be titled: jack of all trades...
Sitting here contemplating the purpose of a government decree without a government, I got to thinking that I had never seen a British government decree as a legal document. Can this be true, there are no government decrees in Britain? How does the government get anything done then?
A naive non-lawyer consultant (me) might assume that a government decree/decision/resolution (call it what you will) was a convenient way to confirm that the Government was going to do something, and give individual ministries something to do as part of a coordinated government action. Some good intentions, with which to impress the EU, when not much else had been going on?
Just the sort of thing needed when actions need to be coordinated across several ministries, to persuade them to cooperate. It's not just in Yes Minister that ministries are convinced that government is a zero sum game: what one gains another loses, so they must permanently be at war, defending their territory. In Kosovo, a scheme to pay vulnerable customers for their electricity involves consultations with the Ministry of Finance, the Ministry of Energy and Mining, the Energy Regulator, the Ministry of Social Welfare and Labour, the Power Company, the trade unions, the press and that's before you start on ethnic issues, or the "can't pay/won't" pay issue, involving UNMIk, the courts and the police. How simple to have a government decision to solve the problem of who does what, but then who would write it?
Just for a sanity check I googled government decree. The only British reference was in fact to a Home Office regulation on seal culling in 1971, with the headline "Seals shot by government decree". Not a "government" decree then. Otherwise it seems government decrees are very popular in Hungary and Finland, or at least Google finds them easy to index.
Then I remembered I had a British law book constitutional and administrative law gathering dust on my shelf, which I bought last time I had such an obscure thought.
Quotations are from Constitutional and Administrative Law by AW Bradley and KD Ewing, a book so popular it was in its 12th edition by 1997, having started out in 1931.
The chapter which should be called "how the government works" is actually called "The Cabinet, government departments and the civil service" and begins: (comments in italics added by me)
As organs of government, the Cabinet and the office of Prime Minister have evolved together since the the 18th century. Their existence is recognised in occasional statutes (for example, the Ministerial and other Salaries Act 1975), (good for them, making sure they get paid), but their powers of government derive neither from statute nor from common law administered in the courts. Parliament could confer powers directly powers directly upon the Prime Minister or upon the Cabinet. In practice this rarely happens, statutory powers being conferred either upon named ministers or upon the Queen in Council. Yet the Prime Minister and the Cabinet occupy key places at the heart of the political and governmental system. As the Prime Minister provides the individual leadership of the majority party in the House of Commons, so the Cabinet provides the collective leadership of that party. If national affairs are to be directed in any systematic way, if deliberate choices in government between competing political priorities are to be made, these decisions can only be made by the Prime Minister and the Cabinet. ............
Recently more emphasis has been placed on the role of the Prime Minister and less on the Cabinet itself. ...........
Having served in the Cabinets of Eden and Macmillan, Lord Home said, "if the Cabinet discusses anything it is the Prime Minister who decides what the collective view of the Cabinet is". Different styles of political leadership exist, but Cabinet and Prime Minister depend on each other. Indeed any premature judgement about imperious prime ministerial rule in the 1980s may need to be revised in the light of Mrs Thatcher's removal from office by her party in 1990.
The joke about the vegetables comes to mind:
Thatcher and the Cabinet were out to dinner. The waiter asked Thatcher what main course she would have. "The meat". "And for the vegetables?" "They'll have the same as me."
Clearly the next edition will have some tart comments about Tony Blair's presidential style.
Further into the chapter, the operation of the Cabinet is described:
Before 1917, there was no regular machinery for preparing the agenda of Cabinet meeting, circulating documents or recording decisions. Each Prime Minister sent his own accounts of Cabinet meetings to the Sovereign and members of the Cabinet took note of matters requiring action by their departments. On a major constitutional issue, for example, the creation of peers to coerce the House of Lords into approving the Parliament Bill in 1911 (a practice followed rigorously ever since for other purposes), the Sovereign could require the Cabinet's advice to be recorded in writing. But in general there was often uncertainty about the actual decisions. (No formal government decisions here.)
In 1917, to enable the War Cabinet and its system of committees to function efficiently, a Secretary to the Cabinet was appointed to be present at the meetings of the Cabinet and its committees, to circulate minutes of the conclusions reached, to communicate decisions rapidly to those who had to act on them and also to circulate papers before meetings.
Still no formal legal format for government decisions, just conclusions, recording "agreement not controversy".
and then we come to the heading "cabinet secrecy":
The operation of the Cabinet system is surrounded by considerable secrecy. Most Cabinet papers are made available for public inspection in the Public Record Office after 30 years or after such other period as the Lord Chancellor may direct. Many Cabinet decisions are notified to Parliament or otherwise made public, but the doctrine of collective responsibility throws a heavy veil over decision-making in Cabinet.
That's great then. Tony Blair can make a government decision to go ahead with nuclear power, and keep it secret, while all the time, ministers are working to implement the decision. So much for transparent government. Only his own party could leak it to the press, or the opposition could force the Prime Minister to confess in Parliament. We all have to wait 30 years to find out what he has been up to.
That's not to say that all government actions would be covered by a government decree, if they existed, but at least we would know what the government was working on, and what actions were legally approved by government.
I like my job because it forces me to think about the way different countries do the same thing, which is more efficient, and what really matters.
You can see that if the British political system relied on coalitions of small parties, then government decisions would be very necessary to tie all the coalition partners down to an agreement, which could then be implemented without argument. But as we have single party rule for 10-15 years at a time, with dissent discouraged and papered over, what the Cabinet decides, goes, and the rest of us have to rely on the opposition to find out what the government is really up to.
Of course there is the veneer of green papers, white papers etc on energy, that imply the decision is not yet taken. But if Electricite de France is demanding the assurances of a government decision before it will build our new nuclear power plants, like it would probably have in France, then you can be sure the British nuclear lobby will not be far behind.